Conduct on Postal Property, 11161 [06-2029]
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Federal Register / Vol. 71, No. 43 / Monday, March 6, 2006 / Rules and Regulations
List of Subjects in 39 CFR Part 230
Administrative practice and
procedure.
I For the reasons stated, the Postal
Service amends 39 CFR as follows:
PART 230—OFFICE OF INSPECTOR
GENERAL
1. The authority citation for part 230
continues to read as follows:
I
Authority: 5 U.S.C. App. 3; 39 U.S.C.
401(2) and 1001.
2. Section 230.24 is amended by
revising paragraph (a) to read as follows:
I
§ 230.24 How is a demand for employee
documents or testimony made to the Office
of Inspector General.
(a) All demands for the production of
nonpublic documents or testimony of
Office of Inspector General employees
concerning matters relating to their
official duties and subject to the
conditions set forth in § 230.10(b) shall
be made in writing and conform to the
requirements outlined in paragraph (b)
of this section.
*
*
*
*
*
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 06–2030 Filed 3–3–06; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
39 CFR Part 232
Conduct on Postal Property
Postal Service.
Final rule.
AGENCY:
hsrobinson on PROD1PC70 with RULES
ACTION:
SUMMARY: This rule amends the
enforcement provisions of the rules for
conduct on Postal Service property to
restate the statutory basis for the powers
of members of the Postal Service
security force, and the authority of
postal installation heads to enter into
agreements with state and local law
enforcement agencies for the
enforcement of those rules. Repeal and
replacement of the law formerly cited as
defining these powers and authority
necessitates this amendment. The Postal
Service intends no substantive change
to the referenced powers and authority.
DATES: Effective Date: March 6, 2006.
FOR FURTHER INFORMATION CONTACT:
Lawrence Katz, Inspector in Charge,
Office of Counsel, U.S. Postal Inspection
Service, 202–268–7732.
SUPPLEMENTARY INFORMATION: As the law
enforcement arm of the Postal Service,
the U.S. Postal Inspection Service is
responsible for enforcing the rules
VerDate Aug<31>2005
14:28 Mar 03, 2006
Jkt 208001
governing conduct on Postal Service
property. The rules are published in 39
CFR 232.1. With regard to the
enforcement of these rules, subsection
(q) provides that (1) they are enforced by
the Postal Service security force, (2)
postal installation heads and
postmasters may enter into agreements
with state and local law enforcement
agencies to enforce these rules, and (3)
certain other designated persons may
likewise enforce the rules.
The security force is a component of
the Postal Inspection Service and
comprises those armed employees
whom the Postal Service has since 1971
been authorized by 39 U.S.C. 1201 to
employ as guards for the protection of
postal premises. In lieu of a provision
for the specific police powers of such
guards in permanent legislation, their
powers have been provided through a
general provision in annual
appropriations acts, beginning with that
of 1973 (Pub. L. 92–351, 86 Stat. 471,
section 612). Such general provisions
have uniformly incorporated by
reference the powers given to special
policemen by former 40 U.S.C. 318, et
seq. The most recent act to do so was
the Consolidated Appropriations Act for
2005 (Pub. L. 108–447, 118 Stat. 2809,
section 611). However, those sections of
title 40, United States Code were
repealed in 2002 (Pub. L. 107–217, 116
Stat. 1062, section 6) and ultimately
replaced by new provisions in the
Homeland Security Act of 2002 (Pub. L.
107–296, 116 Stat. 2135, section 1706).
In the annual appropriations act for
2006 (Pub. L. 109–115, 119 Stat. 2396,
section 811), Congress for the first time
cited relevant sections of the revised
Title 40 U.S.C. to define the powers of
members of the Postal Service security
force. The enforcement provision at 39
CFR 232.1(q)(1) requires amendment
accordingly.
The Postal Service assigns a security
force of career postal employees at only
a few of its more than 37,000 facilities—
those where a need for full-time armed
security for an indefinite period is
identified. Postmasters and local
installation heads may enter into
agreements with state and local law
enforcement agencies to enforce the
rules for conduct on postal property.
Like the powers of the security force,
this authority has been provided and
renewed annually through the
appropriations act riders referred to
above. Thus, the regulation at 39 CFR
232.1(q)(2) similarly requires
amendment to cite the law that has
replaced the provision of title 40,
United States Code repealed in 2002.
The Postal Service intends by these
amendments simply to maintain the
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
11161
status quo with regard to both the
powers of members of the postal
security force and the authority of local
installation heads and postmasters,
albeit through citation to current
provisions of title 40, United States
Code, rather than to repealed sections.
List of Subjects in 39 CFR Part 232
Authority delegations (Government
agencies), Crime, Federal buildings and
facilities, Government property,
Intergovernmental relations, Law
enforcement officers, Postal Service,
Security measures, State and local
governments.
In view of the considerations
discussed above, the Postal Service
adopts the following amendment to 39
CFR part 232.
I
PART 232—CONDUCT ON POSTAL
PROPERTY
1. The authority citation for part 232
is revised to read as follows:
I
Authority: 18 U.S.C. 13, 3061; 21 U.S.C.
802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7);
40 U.S.C. 1315; Sec. 811, Pub. L. 109–115,
119 Stat. 2396.
2. In § 232.1, paragraphs (q)(1) and (2)
are revised to read as follows:
I
§ 232.1
Conduct on postal property.
*
*
*
*
*
(q) Enforcement. (1) Members of the
U.S. Postal Service security force shall
exercise such special police powers
provided by 40 U.S.C. 1315(b)(2) as
have been given to the security force by
the Postal Service and shall be
responsible for enforcing the regulations
in this section in a manner that will
protect Postal Service property.
(2) Local postmasters and installation
heads may, pursuant to 40 U.S.C.
1315(d)(3) and with the approval of the
chief postal inspector or his designee,
enter into agreements with State and
local enforcement agencies to insure
that these rules and regulations are
enforced in a manner that will protect
Postal Service property.
*
*
*
*
*
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 06–2029 Filed 3–3–06; 8:45 am]
BILLING CODE 7710–12–P
E:\FR\FM\06MRR1.SGM
06MRR1
]]>Agencies
[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Rules and Regulations]
[Page 11161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2029]
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 232
Conduct on Postal Property
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the enforcement provisions of the rules for
conduct on Postal Service property to restate the statutory basis for
the powers of members of the Postal Service security force, and the
authority of postal installation heads to enter into agreements with
state and local law enforcement agencies for the enforcement of those
rules. Repeal and replacement of the law formerly cited as defining
these powers and authority necessitates this amendment. The Postal
Service intends no substantive change to the referenced powers and
authority.
DATES: Effective Date: March 6, 2006.
FOR FURTHER INFORMATION CONTACT: Lawrence Katz, Inspector in Charge,
Office of Counsel, U.S. Postal Inspection Service, 202-268-7732.
SUPPLEMENTARY INFORMATION: As the law enforcement arm of the Postal
Service, the U.S. Postal Inspection Service is responsible for
enforcing the rules governing conduct on Postal Service property. The
rules are published in 39 CFR 232.1. With regard to the enforcement of
these rules, subsection (q) provides that (1) they are enforced by the
Postal Service security force, (2) postal installation heads and
postmasters may enter into agreements with state and local law
enforcement agencies to enforce these rules, and (3) certain other
designated persons may likewise enforce the rules.
The security force is a component of the Postal Inspection Service
and comprises those armed employees whom the Postal Service has since
1971 been authorized by 39 U.S.C. 1201 to employ as guards for the
protection of postal premises. In lieu of a provision for the specific
police powers of such guards in permanent legislation, their powers
have been provided through a general provision in annual appropriations
acts, beginning with that of 1973 (Pub. L. 92-351, 86 Stat. 471,
section 612). Such general provisions have uniformly incorporated by
reference the powers given to special policemen by former 40 U.S.C.
318, et seq. The most recent act to do so was the Consolidated
Appropriations Act for 2005 (Pub. L. 108-447, 118 Stat. 2809, section
611). However, those sections of title 40, United States Code were
repealed in 2002 (Pub. L. 107-217, 116 Stat. 1062, section 6) and
ultimately replaced by new provisions in the Homeland Security Act of
2002 (Pub. L. 107-296, 116 Stat. 2135, section 1706). In the annual
appropriations act for 2006 (Pub. L. 109-115, 119 Stat. 2396, section
811), Congress for the first time cited relevant sections of the
revised Title 40 U.S.C. to define the powers of members of the Postal
Service security force. The enforcement provision at 39 CFR 232.1(q)(1)
requires amendment accordingly.
The Postal Service assigns a security force of career postal
employees at only a few of its more than 37,000 facilities--those where
a need for full-time armed security for an indefinite period is
identified. Postmasters and local installation heads may enter into
agreements with state and local law enforcement agencies to enforce the
rules for conduct on postal property. Like the powers of the security
force, this authority has been provided and renewed annually through
the appropriations act riders referred to above. Thus, the regulation
at 39 CFR 232.1(q)(2) similarly requires amendment to cite the law that
has replaced the provision of title 40, United States Code repealed in
2002.
The Postal Service intends by these amendments simply to maintain
the status quo with regard to both the powers of members of the postal
security force and the authority of local installation heads and
postmasters, albeit through citation to current provisions of title 40,
United States Code, rather than to repealed sections.
List of Subjects in 39 CFR Part 232
Authority delegations (Government agencies), Crime, Federal
buildings and facilities, Government property, Intergovernmental
relations, Law enforcement officers, Postal Service, Security measures,
State and local governments.
0
In view of the considerations discussed above, the Postal Service
adopts the following amendment to 39 CFR part 232.
PART 232--CONDUCT ON POSTAL PROPERTY
0
1. The authority citation for part 232 is revised to read as follows:
Authority: 18 U.S.C. 13, 3061; 21 U.S.C. 802, 844; 39 U.S.C.
401, 403(b)(3), 404(a)(7); 40 U.S.C. 1315; Sec. 811, Pub. L. 109-
115, 119 Stat. 2396.
0
2. In Sec. 232.1, paragraphs (q)(1) and (2) are revised to read as
follows:
Sec. 232.1 Conduct on postal property.
* * * * *
(q) Enforcement. (1) Members of the U.S. Postal Service security
force shall exercise such special police powers provided by 40 U.S.C.
1315(b)(2) as have been given to the security force by the Postal
Service and shall be responsible for enforcing the regulations in this
section in a manner that will protect Postal Service property.
(2) Local postmasters and installation heads may, pursuant to 40
U.S.C. 1315(d)(3) and with the approval of the chief postal inspector
or his designee, enter into agreements with State and local enforcement
agencies to insure that these rules and regulations are enforced in a
manner that will protect Postal Service property.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 06-2029 Filed 3-3-06; 8:45 am]
BILLING CODE 7710-12-P
